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Completed Inquiries – Reports Released

01/03/2002

Chippewas of the Thames [Clench Defalcation] - March 2002

March 2002

In this pre-Confederation claim, the Chippewas of the Thames held that moneys owed to the First Nation from the sale of land surrendered in 1834 were misappropriated by Superintendent Joseph Brant Clench of the Indian Department. After the First Nation's unsuccessful attempts to address this grievance in the 19th century, a settlement was reached with the federal government in 1906.

In 1975 the federal government rejected the claim brought to it by the Union of Ontario Indians the previous year, on the basis of the 1906 settlement.

In August 1998, the First Nation requested that the Commission conduct an inquiry into the rejection of its claim. Planning conferences were held in December 1998 and February 1999. At the parties' request, additional research was undertaken by an independent researcher under the management of the Commission. The joint-research final report was received in February 2000, and a planning conference was held to discuss the results. Additional research was conducted in March 2000 to account for the land sales money. Based on the research findings, the First Nation filed a new legal submission with the Department of Indian Affairs. Several conference calls were held to receive status reports on the progress of the claim from the government.

Response: On June 18, 2001, a planning conference was held at the ICC's office in Ottawa, to discuss the claim, and on the same date the claim was accepted for negotiation by Canada. In March 2002, the Commission produced its report regarding this inquiry. This claim is currently in mediation at the ICC.

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